This statement of the Minister’s reasons for recommending the making of this order is published in accordance with section 10 of the Severe Weather Emergency Recovery Legislation Act 2023 (the SWERLA).

The Minister for the Environment is the Minister responsible for the administration of this order and is the Minister responsible for the legislation the provisions of which it modifies. The Minister is satisfied that the order—

• is necessary or desirable for 1 or more purposes of the SWERLA:

• is no broader than is reasonably necessary to address the matters that gave rise to the order:

• does not breach section 11 of the SWERLA:

• does not limit or is a justified limit on the rights and freedoms in the New Zealand Bill of Rights Act 1990.

The Minister is satisfied, for the following reasons set out below, that the order is—

• necessary or desirable for 1 or more purposes of the SWERLA; and

• appropriate.

In relation to section 8(1)(a)(i) of the SWERLA, the order provides for—

• the planning, rebuilding, and recovery of affected communities and persons (section 3(1)(a) of the SWERLA), in particular—

  • the rebuilding of land, infrastructure, and other property of affected communities or of any affected persons (section 3(1)(a)(i)); and

  • facilitating co-ordinated efforts and processes for short-term, medium-term, and long-term recovery (section 3(1)(a)(iv)); and

  • facilitating the restoration and improvement of the economic, social, and cultural well-being, and enhancing the resilience, of affected communities or of any affected persons (section 3(1)(a)(v)); and

• economic recovery (section 3(1)(b)).

The order seeks to ensure that people and communities in Hawke’s Bay can recover from the effects of the severe weather events of early 2023, including Cyclone Gabrielle. The events caused extensive damage in Hawke’s Bay, with significant impacts on the economy, infrastructure, and environment, and with the region experiencing severe agricultural and infrastructure losses. Despite ongoing recovery efforts, the rural community in Hawke’s Bay faces significant challenges in completing necessary recovery works due to the unprecedented scale of damage, as well as resource and financial constraints. There is a large volume of rural recovery work across the Hawke’s Bay region that has not been able to be completed.

Unless modified by this order, the activities associated with the rural recovery works would otherwise require resource consents under the regional and district plans and national environmental standards. The resource consents required would put significant financial pressure on rural landowners and occupiers and would further delay the recovery works needed for the rural activities on the land to operate at pre-severe weather event level.

It is necessary under the purposes of the SWERLA to reclassify these rural recovery works under the RMA as permitted activities.

The permitted activity regime under this order will support rural landowners and occupiers in Hawke’s Bay to recover from the effects of the severe weather events of early 2023 by completing the necessary rural recovery works to return their land to pre-severe weather event conditions.

This order makes the following modifications to the Resource Management Act 1991 (the RMA):

Clause 5 restricts application of the order to rural land in the Hawke’s Bay region and rural recovery works as defined in clause 6 of the order and the carrying out of those rural recovery works in accordance with the permitted activity standards outlined in the Schedule of the order.

Clause 6 defines rural recovery works as works that are reasonably necessary for the purpose of remediating, repairing, or mitigating damage caused by a severe weather event that would otherwise require a resource consent and are not a prohibited activity. The definition does not include the construction of new flood protection works, new infrastructure (including dams) that was not in place prior to the severe weather events, or gravel extraction from the bed of a water body.

Clause 7 modifies section 87A(1) of the RMA to reclassify rural recovery works as a permitted activity. The works are deemed to have a permitted activity status if they meet the requirements in clause 7(3). Any activities not deemed as permitted will follow the standard consenting requirements under section 88 of the RMA. The persons undertaking rural recovery works under this order are responsible for ensuring that they comply with its requirements.

Clause 8 requires an applicant to give notice to the Hawke’s Bay Regional Council (the HBRC) at least 20 working days before the rural recovery works begin. It specifies the information that the notice must contain, including location plans, a description of the works, the timing and duration of the works, and a description of how the works will comply with the permitted activity requirements in the Schedule .

Clause 9 requires the HBRC to provide a copy of a notice received under clause 8 to the relevant territorial authority or authorities and any relevant post-settlement governance entity (PSGE). Among other things, this will enable the territorial authority or PSGE to review the applicant’s response to the requirement in the permitted activity standards in the Schedule to avoid, if practicable, or minimise adverse effects on outstanding natural features and landscapes and significant natural areas, wāhi tapu, wāhi taonga, or other sites of significance to Māori.

Clause 10 enables a Hawke’s Bay local authority to request further information within 15 working days of the date of a notice given under clause 8. Clause 10 also provides 7 working days for another local authority or a PSGE to provide feedback on the application to the requesting local authority. In practice, the lead requesting local authority is expected to be the HBRC. However, clause 10 references Hawke’s Bay local authorities as there may be instances where the works include activities that would otherwise trigger the need for land use consents under a district plan. Examples of this include works that are within the relevant overlay of a district plan, such as those within an outstanding natural feature or landscape.

Clause 11 sets out the parameters of when the applicant may commence the rural recovery works. If a Hawke’s Bay local authority does not request further information within 20 working days of receiving the notice, then the applicant may commence the rural recovery works. Similarly, the applicant may commence works 15 working days after providing any further information requested under clause 10 unless they are informed under clause 12 that the works may not commence. The processes in clause 11 are to ensure compliance with the permitted activity requirements in the Schedule.

Clause 12 enables a Hawke’s Bay local authority to advise the applicant, within 15 working days of receiving the further information requested under clause 10, and any feedback received from other Hawke’s Bay local authorities or PSGEs that the requirements of the Schedule are not met, that the rural recovery works must not commence. The absence of a request for further information under clause 10 does not mean that a Hawke’s Bay local authority has confirmed the proposed rural recovery works comply with the requirements in this order.

Clause 13 requires a person undertaking the rural recovery works to keep records of the information outlined in that clause. This includes taking photographs of the location of the works before and after completion and providing these to the Hawke’s Bay Regional Council or the relevant territorial authority on request.

Clause 14 enables the Hawke’s Bay Regional Council or relevant local authority to request any records kept under clause 13 at any time from persons undertaking rural recovery works on land within the district or region. This is to ensure that any works undertaken fall within the scope of the order. If the works fall outside the scope of the order, then they will be subject to the standard RMA requirements.

The Schedule sets out the permitted activity requirements for the rural recovery works permitted by the order, further ensuring that the rural recovery works undertaken are focused on severe weather recovery and are not broader than reasonably necessary to address the matters that gave rise to the order.

The Minister is satisfied that the order is not broader than is reasonably necessary for the following reasons.

In relation to section 8(1)(a)(ii) of the SWERLA, the order is limited geographically to the rural zoned land in the Hawke’s Bay local authorities’ district and regional plans. The application of the order is restricted to rural landowners and occupiers.

To ensure that the scope is limited, the definition of rural recovery works in clause 6 serves to limit the kinds of activities that fall under the rural recovery works. The Schedule further limits the rural recovery works through the requirements contained in the permitted activity requirements. The modifications to the RMA under this order—

• apply only to those activities directly related to the severe weather events and where existing RMA provisions are not sufficient to enable recovery and rebuilding without the need for a resource consent; and

• avoid adverse effects where practicable and otherwise minimise adverse effects through the permitted activity requirements outlined in the Schedule; and

• are as close to the status quo for permitted activities under Part 6 of the RMA as is feasible (and within the purpose for the order under the SWERLA), by only removing the current RMA consenting processes for specific activities to speed up rural recovery works.

The order is temporary in nature. Clause 3 of the order provides for revocation of the order on the close of 30 April 2026. This is to ensure that the users of the order will have sufficient time to complete the rural recovery works on their land.

Section 8(1) of the SWERLA requires the Minister, if the order relates to the RMA, to consider the effects on the environment of any controls provided for in the order, and whether those controls avoid, remedy, or mitigate any adverse effects. In this regard, the rural recovery works to be undertaken under the order will have an impact on the environment. However,—

• this order sets out the requirements that must be met by a person carrying out rural recovery works. These requirements ensure that the environmental adverse effects of the rural recovery works are appropriately managed, including—

  • a list of permitted activity standards outlined in the Schedule of the order; and

  • a requirements for the applicant to give notice before works commence and t to provide a description of the works and any methods proposed to ensure that the rural recovery works comply with the requirements of the Schedule:

• in relation to clause 10, a Hawke’s Bay local authority may request further information by providing written notice within 15 working days of the notice being lodged. This is to ensure that the permitted activity requirements in the Schedule will be met:

• in relation to clause 13, the person undertaking the rural recovery works must keep records of the information outlined in that clause, which includes basic plans and records of the works undertaken, and photos of the location before and after completion that are sufficient to show the location, scale, and nature of the works. This requirement is to ensure that any environmental effects are avoided, remedied, or mitigated.

The following preconditions for recommending the making of an order have also been satisfied:

• the draft order has been reviewed by the Severe Weather Events Recovery Review Panel:

• the draft order has been provided to the Regulations Review Committee:

• the relevant Minister has had regard to the recommendations and comments provided by those bodies and the order, and this statement of reasons has been amended to address those recommendations and comments:

• the engagement process under section 9 of the SWERLA has been complied with:

• the relevant Minister has considered—

  • the effects on the environment that could occur as a result of the order; and

  • whether any adverse effects can be avoided, remedied, or mitigated.